Decree No. 524 / 2006 Coll.
Ordinance on the rules for the organisation of the gas market and the production, assignment and use of gas supply diagrams
Valid
Order
Effective from 01.01.2007
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524
DECLARATION
of 24 November 2006
on the rules for the organisation of the gas market and the production, assignment and use of gas supply diagrams
Pursuant to Article 98 (7) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 670 / 2004 Coll., for the implementation of § 17 (7) (e), (h) and (k) of the Energy Act:
Subject matter
This decree, following the directly applicable regulation of the European Communities (1), provides:
(a) rules on the organisation of the gas market;
(b) gas supply conditions for final customers;
(c) the rules governing the production, assignment and use of gas supply diagrams.
Basic concepts
(1) For the purposes of this decree:
(a) domestic zone - territory defined on the basis of the defined territory of the regional distribution system operator;
(b) border point - set of transfer points between the transport system in the Czech Republic and foreign transport or distribution systems,
(c) the short-term market - gas market and with unused tolerance between gas market participants;
(d) local distribution system - distribution system not directly connected to the transport system or distribution system to which less than 90,000 final customers are connected;
(e) type A measurement - running measurement with remote data transmission;
(f) Type B measurements - other run-through measurements;
(g) type C measurement - non-continuous measurement,
(h) unused tolerance - the difference between the tolerance of the relevant settlement entity with a system deviation sign on a given gas date and the total actual deviation of the clearing entity on a given gas date, if the difference has a different sign than a system deviation, the unused tolerance shall be zero;
(i) nomination - a notice by which the clearing entity notifies in advance the transmission system operator of the quantity it intends to deliver to or withdraw from the gas system;
(j) standard delivery type diagram - sequence of relative shares of each daily gas consumption of the relevant end-customer group defined by the delivery type diagram class at planned annual consumption;
(k) responsibility for the derogation - the obligation of the clearing entity to settle in kind or to settle in cash the derogation resulting from its obligation to deliver or withdraw gas from the gas system;
(l) a fixed supply diagram - gas delivery, characterised by a pre-determined fixed gas supply level at a given sampling point for the relevant gas day;
(m) gas day - time period from 06: 00: 00 on the calendar day to 06: 00 on the following calendar day,
(n) gas month - period beginning on the first gas day of the calendar month and ending on the last gas day of that calendar month,
(o) running-through measurements - commercial measurements which record hourly volume units of the transmitted gas at the transfer point, converted into reference conditions2),
(p) recalculated delivery type diagram - standard delivery type diagram converted into actual gas day climatic conditions;
(q) cross-border pipeline - pipeline connecting the distribution system and foreign transmission or distribution system,
(r) gas overflow - gas transport between two regional distribution systems;
(s) regional distribution system - distribution system directly connected to the transport system and connected to at least 90 000 final customers;
(t) a registered market participant - transmission system operator, distribution system operator, underground gas container operator, gas producer, gas trader using a cross-border gas pipeline and gas trader or final customer, to whom the transmission system operator will allow access to its information system by registration;
(u) renomination - subsequent notification of the corrected nomination,
(v) secondary gas trade - sale or purchase of gas at a virtual point of sale already traded at a virtual point of sale,
(w) storage capacity - production and input output of the underground gas storage tank in m3 / day and its operational volume in m3;
(x) storage year - period beginning on the first gas day of April and ending on the last gas day of March of the following calendar year,
(y) actual quantity of gas - the quantity of gas determined on the basis of commercial measurement values; For the purposes of assessing, clearing and settlement of derogations, the actual amount of gas shall also be taken to be the values determined on the basis of allocation rules and on the basis of the supply type diagrams;
(z) the clearing entity - the user for whom the transmission system operator carries out an evaluation, clearing and settlement of derogations under the contract.
(2) For the purposes of this Order, the following definitions shall also apply:
(a) system deviation - sum of positive and negative deviations of all entities on the gas day;
(b) transit - transport of gas by transmission system from border entry point to border exit point, this gas is not intended for consumption by final customers in the Czech Republic,
(c) the delivery type diagram class - a summary of the characteristics of the sampling points to which the same delivery type diagram is assigned;
(d) user - final customer or gas trader; where gas transit is concerned, the gas trader shall not be considered as a user;
(e) virtual point of sale - the place where the purchase and sale of gas takes place and the place where the nomination of the obligation to deliver gas to the gas system and to remove gas from the gas system is carried out, and the place for the subsequent compensation of the derogation from the relevant gas day or gas month; for the purpose of balancing deviations, this point shall be the entry and exit point of the transmission system;
(f) virtual gas storage tank - a set of all underground gas storage tanks of one gas operator characterised by one storage capacity;
(g) assessment of deviations - determination of the size of the deviation of individual settlement entities in kWh at the given gas day;
(h) settlement of derogations - monthly payments and payments made between the clearing entity and the transmission system operator for the derogations assessed and settled;
(i) by undertaking to deliver - the obligation of the clearing entity to deliver to the gas system a quantity equal to the quantity nominated by the clearing entity for the relevant gas day;
(j) obligation to withdraw - the obligation of the clearing entity to remove from the gas system the quantity of gas equal to the quantity nominated by the clearing entity for the relevant gas day,
(k) new storage capacity - storage capacity first put into use after 1 January 2010.
Gas market
(1) Within the gas market, all time data are given at the time applicable in the Czech Republic.
(2) The gas market is operated using code numbers and code lists managed by the transmission system operator. The code numbers are used in accordance with Section 20 for the identification of final customers' demand points, transfer points of cross-border pipelines, transfer points or a summary of transmission points of gas production, transfer points between transmission and distribution systems, transfer points between distribution systems, transfer points between underground gas storage and transmission system and gas market participants excluding final customers.
(3) Each final customer sampling point or transfer point of the gas plant and each distribution system shall be assigned to only one domestic zone according to the connection point.
(4) The amount of gas at the outlet of the distribution system for each gas day shall be equal to the amount of gas at the inlet of the distribution system and the change in accumulation in the distribution system.
(5) The entry points of the gas system are the border points of the transmission system, the points of virtual gas storage units, the transfer point or the sum of the transfer points of the gas production and the transfer points of the cross-border pipelines. The gas system output points are the transmission system border points, virtual gas storage points, final customer demand points, cross-border pipeline transfer points and virtual demand points representing losses of individual transmission and distribution system operators. There is a virtual point of sale between the entry and exit points of the gas system.
(6) The gas, transmission or distribution system operator shall be deemed to be the final customer in the range of losses and actual consumption.
Gas transport
(1) The gas contract is negotiated for a single entry and exit point of the transmission system. By concluding a gas contract, the user becomes a clearing entity. The entry and exit points of the transmission system are border points, virtual gas storage points and home points. The domestic point shall consist of a summary of transmission points between the transmission system and distribution systems directly connected to the transmission system allocated to the respective domestic zone, a summary of final customer demand points directly connected to the transmission system allocated to the respective domestic zone and a summary of transmission points of gas production directly connected to the transmission system allocated to the respective domestic zone. The virtual gas storage point shall consist of the sum of the transfer points between the transmission system and the underground gas storage points of one gas operator.
(2) Gas transit takes place under conditions established directly by the applicable European CommunitiesRegulation (1), with the exception of the reservation of capacity for gas transit by the reservation of a pair of entry and exit border points.
(3) The entry and exit points of the transmission system referred to in the Order of the transmission system operator are characterised in particular by the name, capacity, minimum pressures and evaluation of quality gas parameters.
(4) The individual transmission system border points are divided into the part intended for the transport of gas for consumption of final customers in the Czech Republic and the part for the transit of gas for the purposes of booking transport capacity and nominations.
(5) The contract for the transport of gas to final customers in the Czech Republic specifies the agreed transport capacity.
(1) The gas contract is concluded as:
(a) an annual gas contract with fixed capacity; the contract shall be concluded for at least 12 consecutive months, respecting the annual period;
(b) an annual gas contract with interruptible capacity; the contract shall be concluded for at least 12 consecutive months, respecting the annual period; when entering into a contract, the transmission system operator shall identify users in the manner, time and conditions of limitation or interruption of the gas transport, the manner and conditions of notification of restrictions or interruptions and frequency of restrictions or interruptions within 12 months;
(c) a monthly contract for the transport of gas with fixed capacity; the contract is concluded for at least 1 month; the maximum duration of the contract is 11 months; the contract is always concluded with effect from the first gas day of the calendar month;
(d) a monthly gas contract with interruptible capacity; the contract is concluded for at least 1 month; the maximum duration of the contract is 11 months; the contract shall be concluded with effect from the first gas day of the calendar month; when entering into a contract, the transmission system operator shall inform users of the manner, time and conditions of limitation or interruption of the gas transport, the manner and conditions of notification of restrictions or interruptions and frequency of restrictions or interruptions for the duration of the contract,
(e) a daily gas contract with fixed capacity; the contract is concluded on at least one gas day; the maximum duration of the contract is 30 gas days; or
(f) daily gas contract with interruptible capacity; the contract is concluded for at least 1 day; the maximum duration of the contract is 30 days; when entering into a contract, the transmission system operator shall inform users of the manner, time and conditions of limitation or interruption of the gas transport, the manner and conditions of notification of restrictions or interruptions and the frequency of restrictions or interruptions for the duration of the contract.
(2) A gas transport contract with interruptible capacity may be concluded by the transmission system operator only where the user so requests or where a fixed capacity gas transport contract is no longer available.
Procedure for the reservation of capacity in the transmission system
(1) The reserve of capacity in the transmission system (hereinafter referred to as "transmission capacity") for annual and monthly gas transport contracts is carried out for the period from the first gas day of each calendar month.
(2) The request for reservation of transport capacity shall be submitted by the user for each individual entry point or exit point of the transmission system.
(3) The transmission capacity at home points shall be provided only on an interruptible basis.
(4) An application for a reservation of transmission capacity shall be made on a form the model of which is provided by the transmission system operator in a way that allows remote access or may be made directly using the transmission system information system. The details of the request for the reservation of transport capacity are set out in Annex 1 to this Decree.
(1) For the annual transport contract
(a) the user shall submit a request for a reservation of transmission capacity for 1 year or more to the transmission system operator no later than 18 calendar days before the start of the first gas day of the calendar month in which the gas is to start and not earlier than 14 calendar months before the start of the first gas day of the calendar month in which the gas is to start; the transmission system operator shall evaluate the requests received and report the results of the annual capacity reservation to all applicants within 40 calendar days of the submission of the request, but not later than 12 calendar days before the start of the first gas day of the calendar month when the gas transport is to start;
(b) the transmission system operator shall conclude a fixed-capacity gas transport contract with the user in the event that the transmission system operator notifies the user of the allocation of fixed capacity in the full range required;
(c) the transmission system operator shall conclude a fixed-capacity gas contract with the user to the extent of the demand for fixed capacity and a interruptible-capacity gas contract, to the extent of the lack of demand capacity, in the event that the transmission system operator notifies the user of the lack of the required fixed capacity, in which case the gas contract with interruptible capacity shall be concluded not earlier than the 11th calendar day following the date of notification of the lack of required transmission capacity, unless the transmission system operator agrees otherwise with the relevant user;
(d) the transmission system operator shall take into account, when concluding gas transport contracts with interruptible capacity, which are concluded due to a lack of fixed capacity, changes in the fixed capacity shortage resulting from the failure to conclude fixed capacity gas transport contracts with users who have been confirmed to have fixed capacity;
(e) the effects of the notification of the allocation of transmission capacities referred to in points (b) and (c) shall cease to exist in the event of non-conclusion of the gas contract on the sixth calendar day following the date of receipt of the notification;
(f) the transmission system operator shall evaluate the requests for the reservation of the transport capacity of contracts once a month, the date of receipt of the request being irrelevant.
(2) For monthly transport contract
(a) the user shall submit a request for a reservation of transport capacity at the latest 18 calendar days before the start of the month in which the gas is to be transported and at the earliest 40 calendar days before the start of the month in which the gas is to be transported; the transmission system operator shall notify the results of the monthly capacity reservation to all applicants no later than 12 calendar days before the start of each month;
(b) the transmission system operator shall conclude a fixed-capacity gas transport contract with the user in the event that the transmission system operator notifies the user of the allocation of fixed capacity in the full range required;
(c) the transmission system operator shall conclude a fixed-capacity gas transport contract with the user in the range of sufficient demand fixed transport capacity and gas transport contract with interruptible capacity, in the extent of lack of demand capacity, in the event that the transmission system operator notifies the user of the lack of required fixed capacity, the gas transport contract with interruptible capacity in this case shall be concluded not earlier than the sixth calendar day following the date of notification of the lack of required transmission capacity, unless the transmission system operator agrees otherwise with the relevant user;
(d) the transmission system operator shall take into account, when concluding gas transport contracts with interruptible capacity, which are concluded due to a lack of fixed capacity, changes in the fixed capacity shortage resulting from the failure to conclude fixed capacity gas transport contracts with users who have been confirmed to have fixed capacity;
(e) the effects of the notification of the allocation of transmission capacities referred to in points (b) and (c) shall cease to exist in the event of non-conclusion of the gas contract on the sixth calendar day following the date of receipt of the notification;
(f) the transmission system operator shall evaluate the requests for the reservation of the transport capacity of contracts once a month, the date of receipt of the request being irrelevant.
(3) In the case of a daily gas contract, a request for reservation of capacity is submitted
(a) in the case of a daily gas transport contract with fixed transport capacity, not earlier than 5 calendar days before the beginning of the gas month in which the gas is to be transported and not later than 2 calendar days before the start of the transport operation, if the relevant day is the day on which the day of work or the day of rest is the last preceding working day;
(b) in the case of a daily gas contract with interruptible transport capacity, not earlier than 5 calendar days before the start of the gas month in which the shipment is to take place and not later than 1 calendar day before the start of the shipment.
Dealing with transport capacity shortages
(1) In the event that all applicants for booking of annual transmission capacity cannot be satisfied, the transmission system operator shall allocate free transmission capacity in proportion to the size of the individual requirements for booking of annual transmission capacity. Where the requirement exceeds free transmission capacity, the transmission system operator shall reduce this requirement to the amount of free transmission capacity before the distribution of free transmission capacity.
(2) Following the allocation of annual transmission capacity, the transmission system operator shall allocate the remaining free transmission capacity in proportion to the size of the individual reserve requirements for monthly transmission capacity. Where the requirement exceeds the remaining free transmission capacity, the transmission system operator shall reduce that requirement to the remaining free transmission capacity before the distribution of the remaining free transmission capacity.
Information on transport capacities and related services
(1) The transmission system operator shall publish the following information at least in a way that allows remote access:
(a) a monthly annual outage plan for each part of the transmission system and a maintenance plan which may have an impact on the size of the transmission capacity and on the quality of the services provided;
(b) a monthly long-term distribution plan for the transmission system, which means increasing transmission capacity or improving the quality of the services provided;
(c) daily the size of the technical, total fixed capacity negotiated, the total interruptible capacity negotiated and the free transmission capacity for each transmission system entry and exit points for the next 18 months;
(d) daily, numerically indicative availability of daily transmission capacity for each entry and exit points of the transmission system, day and week ahead based on weekly and daily nominations;
(e) monthly annual forecasts of free transport capacity for the following 10-year period for each transmission system entry and exit points;
(f) monthly historical minima and maximum monthly coefficient of utilisation of transport capacity and annual average flows for each transmission system entry and exit points, each in the last 3 years;
(g) daily preliminary values for gas supply to the gas system, gas collection from the gas system and the size and direction of the system deviation over the previous gas day;
(h) monthly the actual value of the gas supply to the gas system, the collection of gas from the gas system and the size and direction of the system deviation during the gas day on the preceding 366 gas days;
(i) monthly actual income per calendar month for deviations above the permitted tolerance for the last 12 months;
(j) monthly actual revenue per calendar month for the missing balancing gas over the last 12 months;
(k) monthly actual expenditure for the calendar month for the remaining balancing gas over the last 12 months.
(2) The information provided under paragraph 1 with a monthly frequency shall be published by the transmission system operator no later than the 15th calendar day of that month.
Gas distribution
(1) The gas distribution contract shall be negotiated for the point of entry of the distribution system in the case of the transfer point or, where applicable, the sum of the gas production points or the transfer point of the cross-border pipeline. The gas distribution contract shall be negotiated for the output point of the distribution system in the case of an individual demand point of the final customer or the transfer point of the cross-border pipeline. The regional distribution system operator shall negotiate a gas distribution contract where it has contracted the distribution of the regional distribution system to which the distribution system is connected in case of overflows.
(2) The gas distribution contract is negotiated with the local distribution system operator in the case of the final customer's demand point, the transfer point, or, where applicable, the sum of the gas production plant's transfer points, or the transfer point of cross-border pipelines in the local distribution system. The agreement on the distribution of gas with the local distribution system operator includes the distribution of the regional distribution system to which the local distribution system is connected and the distribution of all local distribution systems between the local distribution system and the regional distribution system. The local distribution system operator shall negotiate a gas distribution contract if it has contracted distribution by the distribution system to which the local distribution system is connected.
(3) For each final customer's sampling point and for each transfer point or, where applicable, the sum of the transmission points of the gas plant, the distribution contracts shall be concluded with only one user or gas manufacturer. A gas distribution contract with each user of this point shall be concluded for the transfer point of the cross-border pipeline.
(4) In the case of final customers of category wholesale or medium-sized customers equipped with type A and B measurements, the gas distribution contract shall specify the directly agreed distribution capacity. The classification of final customers is set out in Annex 2 to this Decree.
(1) The gas distribution contract is concluded as:
(a) the annual fixed capacity gas distribution contract; the contract shall be concluded for at least 12 consecutive months, respecting the annual period, except for newly connected final customers, the annual contract may be concluded for an indefinite period, respecting the annual period,
(b) an annual gas distribution contract with interruptible capacity; the contract shall be concluded for at least 12 consecutive months, respecting the annual period, except for newly connected final customers; the contract provides for the method, time and conditions of limitation or interruption of gas distribution, the manner and conditions of notification of restrictions or interruptions and the frequency of restrictions or interruptions in 12 consecutive months;
(c) a monthly fixed capacity gas distribution contract; the contract shall be concluded for a minimum of 1 month and a maximum of 11 months; the contract is concluded with effect from the first gas day of the calendar month and ends on the last gas day of the last month of the contract,
(d) a monthly gas distribution contract with interruptible capacity; the contract shall be concluded for a minimum of 1 month and a maximum of 11 months; the contract is concluded with effect from the first gas day of the calendar month and ends on the last gas day of the last month of the contract; in the contract, the manner, time and conditions of limitation or interruption of gas distribution, the manner and conditions of notification of restrictions or interruptions and the frequency of restrictions or interruptions for the duration of the contract; or
(e) sliding gas distribution contract with fixed capacity; the contract is concluded for the number of gas days determined by the number of calendar days of the month in which the gas distribution starts under the contract and ends with the expiry of the last gas day of the contract.
(2) A contract for the distribution of gas with interruptible capacity can only be concluded by the distribution system operator for the final customer's demand point of measurement type A or B where a contract for the distribution of gas with fixed capacity cannot be concluded on the ground that no available fixed capacity is available.
Procedure for the allocation of distribution system capacity
(1) The allocation of distribution capacity ("distribution capacity") is carried out for the period from the first gas day of each calendar month, with the exception of newly connected final customers and a sliding gas distribution contract.
(2) An application for the allocation of distribution capacity for an annual contract for each final customer's demand point shall be submitted by the final customer or gas trader, having his consent, for each transfer point or, where applicable, by a summary of the gas production point of the gas manufacturer's or gas trader's agreement and for each transfer point of the cross-border pipeline, by the final customer or gas trader. The request for capacity allocation shall be submitted no later than 18 calendar days and not earlier than 14 calendar months before the start of the first gas day of the calendar month in which the gas distribution is to start. The distribution system operator shall evaluate the requests for distribution capacity received and report the results of the allocation of distribution capacity to all applicants within 40 calendar days of the request, but not later than 12 calendar days before the beginning of the gas month from which the distribution of gas is to start.
(3) The request for the allocation of distribution capacity for the monthly gas distribution contract for each final customer's demand point shall be submitted by the final customer or gas trader, having his consent, for each transfer point or, where applicable, by the sum of the gas production points of the gas manufacturer's or gas trader's consent and for each transfer point of the cross-border pipeline, by the final customer or gas trader no later than 18 calendar days before the start of the month and not earlier than 40 calendar days before the start of the month from which the gas distribution is to start. The distribution system operator shall notify the results of the allocation of monthly distribution capacities to all applicants no later than 12 calendar days before the start of the month from which the gas distribution is to start.
(4) A request for distribution capacity for a sliding gas distribution contract for each final customer's demand point shall be submitted by the final customer or gas trader only if the final customer or gas trader has another fixed capacity gas distribution contract for the relevant demand point. The maximum capacity required for a sliding gas distribution contract shall not exceed the size of the distribution capacity specified in the connection contract for the relevant demand point of the final customer in the sum of the other allocated distribution capacities. The request for distribution capacity for a rolling gas distribution contract shall be evaluated by the distribution system operator no later than 3 working days after receipt of the request and the results of the evaluation of the distribution capacity allocation shall be notified without delay to the applicant.
(5) An application for allocation of distribution capacity shall be made on a form the model of which is provided by the distribution system operator in a way that allows remote access or can be made directly using the distribution system of the distribution system operator. The details of the request for distribution capacity are set out in Annex 3 to this Decree.
(1) In the event that the distribution system operator notifies the user of the lack of required distribution capacity to be allocated in the case of a request for allocation of distribution capacity pursuant to points (a) and (c) of Article 11 (1), the distribution system operator shall enter into a fixed capacity gas distribution contract with the user in the range of fixed distribution capacity and a interruptible capacity distribution contract within the scope of a fixed distribution capacity shortage unless the distribution system operator agrees otherwise with the relevant user.
(2) No later than 6 calendar days before the start of the effects of the allocation of distribution capacities but no later than 20 calendar days after notification of the results of the allocation of distribution capacity, in the event of non-conclusion of the distribution contract, the notification of the results of the allocation of distribution capacities shall be terminated unless the distribution system operator agrees otherwise with the relevant user.
(3) Where a gas market participant requests a reduction of the agreed distribution capacity on the basis of an annual distribution contract, the distribution system operator shall make a reduction of the agreed distribution capacity for a period of at least 12 months, for a demand point of the final customer that is classified as a wholesale or medium customer and equipped with type A or B measurement. If, for the final customer's demand location, which is classified as a wholesale or medium-sized customer and equipped with type A or B measurements, a gas market participant requests an increase in the agreed distribution capacity on the basis of an annual distribution contract, the distribution system operator shall examine the possibilities of an increase and, in the event of insufficient distribution capacity, increase the agreed distribution capacity for a period of at least 12 months unless the agreed distribution capacity under the annual contract has been reduced in the previous 12 months. An application for a change to the agreed distribution capacity shall be made mutatis mutandis in accordance with paragraphs 1 and 2 and paragraphs 1 to 3 and 5 of Section 12.
(4) In the case of newly connected final customers, the time limits referred to in paragraph 2 and § 12 (2) and (3) may be shortened.
Gas distribution in test operation
(1) The distribution of gas in test operations is the distribution of gas for the verification of technical parameters, operational values and demonstration of the operational capability of the newly installed or reconstructed gas collection facility of the final customer. The distribution of gas in the test run can only be initiated for a newly connected final customer or for a final customer with a technical nature that has reconstructed the whole or part of the sampling gas facility and the reconstructed gas collection device has more than 30% of the daily maximum gas consumption at the relevant final customer sampling point. The final customer's sampling point with the nature of the technology collection shall be considered to be the final customer's sampling point where less than 50% of the annual gas consumption is used for heating and hot water preparation.
(2) The distribution system operator shall start the distribution of gas in test operations with the final customer, having the nature of the acquisition of the technologist, at the earliest on the date indicated in the application and shall end on the date indicated in the application and at the latest on the last day of the third calendar month following the month in which the distribution of the gas started. In the case of final customers with the characteristics of heating, the distribution system operator shall initiate the distribution of gas in the test run on the date indicated in the application and end on the date indicated in the application but not later than the last day of February. The maximum duration of the gas distribution in test operations for the final customer with the characteristics of heating take-off is 6 calendar months. The final customer's sampling point with the characteristics of the heating process shall be considered to be the final customer's sampling point where 50% or more of the annual gas consumption is used for heating and hot water preparation.
(3) The maximum daily gas consumption at the final customer's sampling point during the distribution of gas in the test run must not exceed the maximum daily distribution capacity for the relevant sampling point agreed in the connection contract.
(4) The request for distribution capacity in the test run shall be submitted by the final customer or gas dealer who has its consent, no later than 18 calendar days and not earlier than 14 calendar months before the start of the gas day of the calendar month when the distribution of gas in the test run is to start. The application shall include a schedule of daily quantities of gas collected during the test run.
(5) In the event that the gas distribution will follow up the distribution of gas in the test run, the final customer or gas trader authorised by the test run may request the allocation of annual or monthly distribution capacity no later than 10 calendar days before the end of the gas distribution in the test run, unless otherwise agreed with the distribution system operator. If the distribution system operator does not enter into a gas distribution contract with the user within 6 calendar days before the end of the gas distribution in test operations, the annual or monthly distribution capacity may not be allocated unless the distribution system operator agrees with the user otherwise.
Addressing the lack of distribution capacity
In the event of a shortage of distribution capacity that may arise when assessing requests for allocation of distribution capacity due to an increase in the requirement of existing final customers or the connection of new final customers, requests for an increase of existing or new distribution capacity under local conditions in that part of the distribution system and the date of receipt of an application for an increase of existing or new distribution capacity shall be considered.
Information on capacities and related services of transmission points of cross-border pipelines
The distribution system operator shall publish the following information at least on the 15th day of the calendar month in a way that allows remote access:
(a) an annual outage plan for each part of the distribution system and a maintenance plan which may have an impact on the size of distribution capacities and on the quality of the services provided;
(b) a long-term distribution system expansion plan which implies increasing distribution capacities or improving the quality of the services provided;
(c) the technical size, the total fixed capacity negotiated, the total interruptible capacity negotiated and the free distribution capacity available for each point of entry and exit of cross-border pipelines;
(d) numerically indicative availability of monthly distribution capacities for individual entry and exit points of transboundary pipelines;
(e) annual forecasts of free entry and exit capacity for each entry and exit point of cross-border pipelines for the following 10 years.
Gas storage
(1) Access to the underground gas storage tank shall be made to users on the basis of virtual gas storage tanks in which the operator of the underground gas storage tank provides storage capacity.
(2) The operator of the underground gas storage tank shall always offer the entire free storage capacity collectively for all its underground gas storage tanks at the relevant point of the virtual gas storage tank. The point of the virtual gas storage device on the transmission system is the point where storage capacity is provided and where the transfer and take-over of the gas takes place from a commercial point of view, the insertion into the underground gas storage tank and the extraction of gas from the underground gas storage tank, regardless of the actual transfer points.
(3) The point of the virtual gas storage tank is characterised in particular by the name of the gas storage tank operator and storage capacity.
(4) The gas storage contract shall negotiate the operating volume, the daily input power and the production capacity, depending on the quantity of gas stored in the virtual gas storage tank.
(5) The gas storage contract is concluded as:
(a) an annual contract for the storage of solid gas; the minimum duration of the contract is 1 storage year and the maximum duration of the contract is 5 storage years, the contract is concluded with effect from the first day of the storage year and ends with the end of the last day of the storage year,
(b) an annual contract for the storage of solid gas for new storage capacity; the minimum duration of the contract is 1 storage year, the maximum duration of the contract is 15 storage years; the contract is concluded with effect from the first day of the storage year and ends on the last day of the storage year,
(c) a monthly contract for the storage of solid gas; the minimum duration of the contract is 1 gas month and the maximum duration of the contract is 12 gas months,
(d) a daily contract for the storage of solid gas; the minimum duration of the contract is 1 gas day and the maximum duration of the contract is 30 gas days; or
(e) short-term gas storage contract with interruptible power; the minimum duration of the contract is 1 gas day and the maximum duration of the contract is 12 months.
(6) The operator of the underground gas storage tank operating more than one underground gas storage tank shall consult on the distribution of the incorporation and extraction into individual underground gas storage tanks with the transmission system operator.
Procedure for the reservation of storage capacity for the annual gas storage contract
(1) The operator of the underground gas storage tank reserves storage capacity for annual gas storage contracts on the basis of a multi-wheel electronic auction. The gas container operator shall start the auction from 1 to 20 February.
(2) The gas storage tank operator shall publish the terms of the auction for free storage capacity from the first gas day of the following storage year by 30 November of the calendar year. The terms of the auction shall be proportionate, non-discriminatory and transparent. The terms of the auction include:
(a) the minimum price per unit of storage capacity determined in CZK for 1 m3 of operational volume for the first storage year and the method of calculating the price per unit of storage capacity for the other storage years during the period of booking of storage capacity,
(b) the date of the auction;
(c) the required means of secure electronic communication, including alternative means of communication in case of failure of electronic communication on the part of the applicant;
(d) the procedure for lodging the financial security;
(e) the size of the free storage capacity;
(f) the model of the gas storage contract to be concluded with the participants in the auction to reserve storage capacity;
(g) the model of the electronic application for first access to the information system of the gas operator; the model of the application for access to the information system of the gas storage operator contains the same information about the applicant as the request for reservation of storage capacity in accordance with Annex 4 to this Decree.
(3) A user requesting a reservation of storage capacity ("the applicant") shall submit a request for storage capacity in the relevant auction round in the form of a number rounded to two decimal places expressing a percentage of the free storage capacity. At the same time as the request, the applicant shall enter the required length of the contract. The requirement and the required length of the contract in the auction round cannot be changed during the auction round.
(4) A gas trader who forms a group's underground gas container operator or part of the same group or other business group, and alone or in conjunction with other gas traders who form a group's underground gas container operator or are part of the same group or other business group, has reserved a storage capacity of at least 80% of the capacity of the virtual gas storage tank operated by it, may, as an applicant, participate in an auction for storage capacity only if the minimum price for storage capacity referred to in paragraph 2 (a) is lower or equal to the market price of storage capacity with the same or comparable parameters for annual gas storage contracts in the Czech Republic. The size of the booked storage capacity according to the previous sentence shall be assessed on the first day of the storage year immediately following the auction. If several gas traders who form groups with an underground gas container operator or are part of the same group or other business group with an underground gas container operator, the requirements for storage capacity in excess of the size of free storage capacity shall be reduced proportionately by the gas container operator to correspond to the size of free storage capacity in aggregate.
(5) The requirement of a gas dealer or, where applicable, of a gas dealer as referred to in paragraph 4 to the storage capacity of the operator of the underground storage tank shall be reduced by the storage capacity requirements of the other applicants, but not more than the difference between the free storage capacity and the storage capacity requirements of the other applicants.
(6) The applicant shall lodge the financial security no later than 5 calendar days before the announced auction date. By lodging a financial guarantee, the user becomes an applicant who can actively participate in an electronic auction (hereinafter "the active applicant '). An active applicant may submit an auction request up to a maximum of the proportion of the financial security lodged and the product of the coefficient 0,1 and the minimum price per unit of storage capacity referred to in paragraph 2 (a).
(7) An active applicant may submit a request in the next auction round only up to the amount of the requirement in the previous auction round. Where an active applicant does not submit a claim in one auction round or a 0-value request, he may no longer submit a request in any subsequent auction round.
(8) In the event that 100 is exceeded in the auction round in the sum of all requirements of the active applicants, the next auction round shall be followed. In the next auction round, the auction price per unit of storage capacity increases by CZK 0.02 per 1 m3 of operating volume.
(9) Individual auctions are limited to 15 minutes. If all active applicants agree, the gas tank operator may shorten the auction round.
(10) During the auction, the operator of the underground gas storage tank shall notify active applicants of the sum of all requirements in the previous auction round and the time remaining until the auction round is completed.
(11) The operator of the underground gas storage tank shall terminate the auction if in the auction round the sum of the requirements of all active applicants is less than or equal to 100. The operator of the underground gas storage tank shall reserve storage capacity according to the requirements of active applicants in the last auction round. If part of the storage capacity remains unreserved, this part of the storage capacity shall be reserved for active applicants from the penultimate round in proportion to their requirements in the penultimate auction round, with the active applicant's requirement being reduced to the storage capacity reserved for the last auction round for the calculation of the reservation.
(12) Where the sum of all requirements of active applicants in the first auction round has not exceeded 100, the price for gas storage shall be set at the minimum price referred to in paragraph 2 (a). In other cases, the price for gas storage shall be set at the auction price in the last auction round where the sum of all requirements of active applicants has reached 100 or higher.
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Regulation Information
| Citation | Decree No. 524 / 2006 Coll., on rules for the organisation of the gas market and the creation, assignment and use of gas supply type diagrams |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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